G/ADP/Q1/JPN/21  
G/SCM/Q1/JPN/21  
G/SG/Q1/JPN/10  
 
31 October 2023  
(23-7343) Page: 1/2 
Committee on Anti -Dumping Practices  
Committee on Subsidies and Countervailing Measures  
Committee on Safeguards  Original: English  
 
NOTIFICATION OF LAWS AND REGULATIONS UNDER  
ARTICLES  18.5, 32.6 AND 12.6  OF THE AGREEMENTS  
REPLIES TO THE QUESTION1 POSED BY THE UNITED STATES  
REGARDING THE NOTIFICATION OF JAPAN2 
The following communication , dated  and received on 31 October 2023 , is being circulated at the 
request of the delegation of Japan . 
 
_______________  
 
 
Japan would like to thank the United States for its question regarding the Cabinet Order No.394 of 
2022. Japan provides replies to the questi on as follows:  
 
Question 1  
 
Article 30 states that in instances where a competent minister, with industries under its 
administrative jurisdiction that are related to specified critical products, "considers there 
is sufficient evidence that dumped or subsidized imports cause or threaten to cause 
material injury, and the minister finds it necessary to prevent a situation in which the 
security of the nation and its citizens are undermined, the minister may request that 
Japan's trade remedy authority (MET I) initiate a trade remedy investigation."  
 
a. Would the requesting minister need to collect data and file a formal petition with 
the investigating authority? If so, would the requesting minister need to seek 
permission of the domestic industry before filing such petition?  
 
Reply : 
 
The competent minister who requests the initiation of an ex officio  investigation needs to provide 
the Minister of Finance with evidence necessary for determining whether to initiate the said 
investigation. For practical purposes, a written request for an ex officio  investigation will also need 
to be submitted together with the evidence. There is no need to file a formal petition as required in 
the case of a request made by a domestic industry.  
 
Also, there is no need to obtain perm ission from the domestic industry for such a request.  
 
b. Alternatively, would the requesting ministry request that METI collect the 
necessary data on dumping, injury, and causal link and then initiate an 
investigation ex officio?  
 
 
1 G/ADP/Q1/JPN/20  - G/SCM/Q1/JPN/20  - G/SG/Q1/JPN/9 . 
2 G/ADP/N/1/JPN/2/Suppl.12  - G/SCM/N/1/JPN/2/Suppl.11  - G/SG/N/1/JPN/2/S uppl.4  and 
G/ADP/N/1/JPN/2/Suppl.13  - G/SCM/N/1/JPN/2/Suppl.12  - G/SG/N/1/JPN/2/Suppl.5 . G/ADP/Q1/JPN/21 • G/SCM/Q1/JPN/21 • G/SG/Q1/JPN/10  
 
- 2 - 
 
  Reply : 
 
To the extent nece ssary in requesting an ex officio  investigation, the competent minister may, 
pursuant to Article 48.2, request relevant businesses to report or submit documents. The relevant 
businesses, when requested, shall endeavor to comply with such requests.  
 
As men tioned above, the law requires the competent minister (not METI) to collect evidence 
necessary for making such requests. At the same time, for practical purposes, the competent 
minister may share information with Minister of Finance and Minister of Economy , Trade and Industry 
and seek administrative supports ( Pre-investigation Consultations ) during a preliminary 
investigation.  
 
c. Would the minister's request to initiate an investigation be made publicly 
available (except for the portions of the request, if a ny, that contain confidential 
information) and, if so, at what point would such request be made publicly 
available and through what means?  
 
Reply : 
 
When the competent minister requests to initiate an ex officio  investigation pursuant to the law, and 
if it is decided to initiate such an investigation pursuant to the Customs Tariff Act, the competent 
minister, pursuant to Article 30.4, will publicize, on its competent ministry’s website, the fact and 
the outline o f the said request.  
 
However, there is no legal obligation to make public announcements before an ex officio  investigation 
commences, i.e. at the time when the request is made.  
 
__________